2nd Amendment 04/17/2019 GJR COURTC`11
Kevin Madok, CPA
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"j'.= Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: May 10, 2019
TO: Ammie Machan, Administrative Assistant
Tourist Development Council
FROM: Pamela G. HancoMD.C.
SUBJECT: April 17th BOCC Meeting
Attached are electronic copies of the following items for your handling:
El Amendment to extend Agreement with the Pigeon Key Foundation, Inc. for the Pigeon
Key Roof Replacement-Asst. Bridge Tenders Quarters Project to December 31, 2019.
E2 Amendment to extend Agreement with the City of Marathon for the Amphitheatre
Improvements Project to December 31, 2019.
E3 Amendment to Agreement with the City of Marathon for the Sombrero Beach
Facilities to revise Exhibit A (Scope of Service) of the Agreement to remove the shower drain
portion of the project, reduce the funding allocation to $34,000.00 and extend completion date of
the project to September 30, 2019.
E4 Amendment to extend Agreement with the City of Marathon for the Coco Plum
Shoreline Restoration Project to December 31, 2019.
E5 Agreement with Mel Fisher Maritime Heritage Society, Inc. for the Mel Fisher 2nd
Round Improvements Project in an amount not to exceed $112,500.00.
E6 Agreement with Key West Business Guild, Inc. to provide gay and lesbian visitor
information services.
E7 Amendment to Agreement with C.B. Schmitt Real Estate Co., Inc. to provide office
and parking space for the Monroe County Tourist Development Council administrative office for
an additional five years for $9,550.00/month to September 30, 2024 with an option to extend for
an additional five year period with rent to be negotiated at fair market rent at that time.
Should you have any questions, please feel free to contact me at(305) 292-3550. Thank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AMENDMENT (2nd AMENDMENT) TO AGREEMENT
THIS AMENDMENT to Agreement dated this 11111 day of CiPii I 2019, is entered into by and
between the Board of County Commissioners for Monroe County, on behalf of the Tourist
Development Council, and The City of Marathon a Government agency organized and operating
under the laws of the state of Florida (Grantee).
WHEREAS, there was an Agreement entered into on March 15, 2017 between the parties,
awarding $40,000 to Grantee for the Sombrero Beach Facilities Upgrade Project ("Agreement");
and
WHEREAS, there was an Amendment to Agreement on July 18, 2018 to revise the
termination date of the Agreement to December 31, 2017 due to delays relating to hurricane Irma;
and
WHEREAS, it has become necessary to revise the termination date of the Agreement to
September 30, 2019 due to farther delays relating to hurricane Irma, and
WHEREAS, it has become necessary to revise Exhibit A of the Agreement outlining scope of
services for the project to remove the portion of the project pertaining to the shower drain due to
funding for this portion of the project no longer being needed; and
WHEREAS, do to the reduction in the scope of services for the project, the amount of the
project has been reduced to $34,000; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amend Agreement as follows:
1. Paragraph 1 of the Agreement shall be revised to read as follows: This Agreement is
for the period of March 15, 2017 to September 30, 2019. This Agreement shall remain in
effect for the stated period unless one party gives to the other written notification of
termination pursuant to and in compliance with paragraphs 7, 12 or 13 of the original
Agreement dated March 15, 2017.
2. Paragraph 3 of the Agreement shall be revised to read as follows: 3. AMOUNT OF
AGREEMENT AND PAYMENT. The Grantor shall provide an amount not to exceed $34,000
(Thirty Four Thousand Dollars TDC District III Funding) for materials and services used to
, improve the property. Reimbursement request must show that Grantee has paid in full for
materials and services relating to the segment prior to seeking the 50% (fifty percent)
reimbursement from Grantor. Payment shall be 50% (fifty percent) reimbursement of the total
cost of the segment, subject to the cap on expenditures for that segment as set forth in Exhibit
A. Reimbursement can be sought after each segment of the agreement is completed and
signed by the Monroe County Engineering Department as outlined in 3.a. The Board of
County Commissioners and the Tourist Development Council assume no liability to fund this
agreement for an amount in excess of this award. Monroe County's performance and
obligation to pay under this agreement is contingent upon an annual appropriation by the
BOCC.
Amendment#2
City of Marathon—Sombrero Beach Facilities Upgrade Project
ID#1867
3. Any references to termination date and submission of invoices shall be revised to read
September 30, 2019.
4. The remaining provisions of the agreement dated March 15, 2017 shall remain in full
force and effect.
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� � . SS WHEREOF, the parties have set their hands and seal on the day and year first
°''% r Board of County Commissioners
%-;� '- - - 'i adok, Clerk of Monroe County
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The City of Marathon ;�� ,.. o
Attest: r;, -
By. /4.,UVUL- alia — By ►Mf )
City Clerk ayor
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Print Name Print Name r
Date: V LcC_� , Date: U1 V ar�l�., . l Z. 2,1.9(�j
MONROE COUNTY ATTORNEY
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CHRISTINE LIMBERT-BARROWS
ASSISTANT COUNTY ATtORNEY
DATE: I I LI
Amendment#2
City of Marathon—Sombrero Beach Facilities Upgrade Project
ID#1867
REVISED EXHIBIT A ' 1'
NAME OF ENTITY: City of Marathon
NAME OF PROJECT: Sombrero Beach Facilities Upgrade
NUMBER OF SEGMENTS TO PROJECT: 1
Note: County signoff and submission for reimbursement only allowed after completion of each segment as
documented in this exhibit. Grantee must apply for reimbursement utilizing the 'Application for Payment' form
included within the Payment/Reimbursement Kit.
Segment #:1
Description: Materials, equipment and labor
required to:
• Construct approx. 12' x 20' concrete slab enclosed by
approx. 6' high fence with double gates to enclose
sold waste and recycle dumpsters.
• Remove trampoline and cone shaped merry-go-
round in current playground and replace with two (2)
new units. Examples of elements of new unites to
include, but not limited to: crawl tunnel, climbing rock,
climbers, slides, bridges, horizontal bar and sliding
pole.
Total Cost: $68,000 TDC portion: $34,000
In-Kind: No in-kind will be used
(In order for this segment to be reimbursed, acknowledgement of TDC towards reimbursement of this
funding must be in place and proof in the form of pictures provided with project.
submission for reimbursement of this segment. This acknowledgement
shall not be covered as part of the TDC reimbursement—see contract
paragraph 2)
Page 1 of 1
Preferred
GOVERNMENTAL
INSJRACKETFUST
04/02/2019
Monroe County Board of County Commissioners-Monroe County Tourist Development Council
1201 White St#102
Key West , FL , 33040
Re: Coverage Agreement- WC2FL1 0442900 17-01
City of Marathon
Effective Date: 10/01/2018 TO 10/01/2019
To Whom It May Concern:
Preferred Governmental Insurance Trust is unable to name non-governmental entities
as an additional covered party due to Florida Statute 768.28.
Non-governmental entities do not enjoy sovereign immunity protection under Florida
law. Coverage through the Preferred Governmental Insurance Trust is predicated upon
the concept of sovereign immunity among all its members.Accordingly, entities which
are not eligible for sovereign immunity protection under F.S. 768.28 may not be an
additional covered party under the Preferred coverage agreement.
We appreciate your understanding.
Margaret E. Gross, CPCU
Director of Underwriting
**If Additional Covered Party status was not requested on the attached certificate, the provisions in
this letter do not apply.**
Administered by PUBLIC RISK UNDERWRITERS
P.O. Box 958455 +Lake Mary, FL 32795-8455 +Phone: 321-832-1450•Fax: 321-832-1489
Print Date:4/2/2019